Bracket v. Eastman
New York Supreme Court
False imprisonment. The plaintiff declared in trespass for false imprisonment. The. defendant pleaded that the imprisonment complained of consisted in an arrest of the plaintiff by the sheriff of the county of Rensselaer, by virtue of a capias ad respondendum in assumpsit, issued by the plaintiff as an attorney of this court, upon the retainer of the plaintiff in the same, at whose suit the capias was sued out; that an order to hold to hail in the sum of $1100 was made by a…
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False imprisonment. The plaintiff declared in trespass for false imprisonment. The. defendant pleaded that the imprisonment complained of consisted in an arrest of the plaintiff by the sheriff of the county of Rensselaer, by virtue of a capias ad respondendum in assumpsit, issued by the plaintiff as an attorney of this court, upon the retainer of the plaintiff in the same, at whose suit the capias was sued out; that an order to hold to hail in the sum of $1100 was made by a commissioner and endorsed upon the writ, obtained upon an affidavit of the agent of the plaintiff, that the defendant h…
1Opinion of the Court
By the Court,
Nelson, C. J.
The first section of the act to abolish imprisonment for debt, Laws of New York, session of 1831, p. 396, expressly provides 'that no person shall be arrested or imprisoned on any civil process, &c., in any suit instituted for the recovery of money due upon any judgment or decree founded upon contract, or due upon any contract [33] express or implied, &e. It is therefore, apparent, that the order of the commissioner to hold to bail,- being in direct violation of the injunction of the act, was nugatory. The second section declares that the first section shall not…
2Cases cited1 opinion
- Reynolds v. CorpNew York Supreme Court · 1805
3Cited by5 opinions
- Carleton v. TaylorSupreme Court of Vermont · 1877
- Carpenter v. WillettNew York Court of Appeals · 1864
- Carpentier v. WilletNew York Court of Appeals · 1864
- Kling v. WalshAppellate Division of the Supreme Court of the State of New York · 1901
- Kling v. WalshAppellate Division of the Supreme Court of the State of New York · 1901